Summary
- You can change your name after marriage or divorce or by court order
- You will need to update all of your information after your name change
When people think about name changes, they typically associate them with marriage or divorce. There are many other reasons why someone may want to get an official first or last name change, including having gone through a gender transition, wanting to make their name easier to spell, or just preferring to be called something else.
For a name change to be legally recognized, you need to go through the official process. Here’s a closer look at steps to change names — depending on your unique situation — and how long it may take.
How to Change Your Name: Understanding the Rules
First, decide whether you want to change your first, middle, or last name. You then need to decide on what your new name will be. In most instances, you’ll be allowed to change your name to whatever you want, though there are rules.
You must not seek to change your name to hide criminal activity or to escape liability. For example, if you have a pending legal proceeding, the court will reject your name change request. Your new name also cannot contain offensive words, including racial slurs or curse words.
The purpose of the name change must not be to deceive anyone. For the most part, you also can’t change your name to a symbol or a number.
How long does a name change take? It depends on your state, but it can take from a few weeks to a few months.
Changing Your Name After Marriage
Perhaps the most common reason people change their names is because they’ve gotten married and want to use their spouse’s last name. Almost 80% of women in opposite-sex marriages choose to take this step.
You will need to first apply for a marriage license at your local courthouse. Once you’re married, you’ll receive a marriage certificate that functions as your legal name change document. This document is vital to make the process easier.
What about name changes in a domestic partnership vs marriage? You can still change your name if you’re in a domestic partnership, but you will need to go through a more complex process. You’ll typically need a court order.
When you change your name via marriage, you’ll have to have your marriage certificate and proof of U.S. citizenship. That can be your birth certificate or passport. You should begin by changing your name with the Social Security Administration by submitting the appropriate form, the marriage certificate, and your ID at your local SSA office.
Changing Your Name After a Divorce
The process of how to change your name after a divorce requires that you wait for the court to finalize the marriage dissolution. Your divorce decree will typically have specific language that allows a spouse to revert back to their birth name. This decree will serve as your name change document, which you can then take to the SSA.
In some instances, your divorce papers may not specify that you can reclaim your maiden or birth name. You’ll have to try to amend the decree or petition for a court-ordered name change.
What about annulment vs divorce? Does that make a difference when it comes to name changes? Typically, no. The annulment will usually give you the chance to switch your name back to what it was before your marriage.
Changing Your Name by Court Order
In most other instances besides a marriage or divorce, you will need to get a court order to change your name. This requires filing a petition with your local county clerk and paying a fee. How much it will cost varies from state to state and sometimes even county to county.
Visit the county clerk and get the forms you need. Fill them out and bring forms of ID with you. The majority of court order name changes have to be heard in person, so you’ll have to wait for a court date.
When you go to court, you’ll get a number of questions from the judge. If the judge is satisfied with your answers, they may approve the name change. You can then begin the process of changing your name by going to your local SSA.
If your request is denied, you may be able to appeal, depending on where you live. Some states have limits on who can file an appeal and for what reason.
Your Next Steps After a Name Change
Once your name change has been approved, you will need to start updating your documents. Start with your Social Security card because this is the document that the IRS and other agencies will require to prove your identity. Get a new state license or ID that features your name change.
Although the IRS will associate your new name with your Social Security number once you’ve made the change at the SSA, you still need to ensure that your employer changes the names on your W2s or other tax forms. You will likely also want to update your bank account and credit card information to reflect the change.
If you have estate planning documents, you need to update them. That can mean hiring a lawyer. This could prompt questions like “How much does a lawyer cost?” The answer can vary depending on where you live, but it’s a small price to pay to ensure that your estate is in order.
Get Assistance When Changing Your Name
If you’re planning to change your name but you’re not sure whether you have all of the necessary paperwork, it can help to consult with an attorney. At ConsumerShield, we can connect you with experienced legal representation in your area so you can have an easier time with this process. Contact us to get the guidance you need.
